Key Benefits:
(Summit No. 47 of the Government of the Metropolitan People of 9 July 2005 to consider the adoption of the Decree No. 118 of 18 July 2005 of the Government of the Metropolitan People, which came into force on 1 September 2005) Article 1 In order to regulate the development and preparation of administrative normative documents in this city, to strengthen oversight of administrative normative documents, to guarantee the legitimacy of administrative normative documents, to establish this provision in the light of the Act on People's Representation at the General Assembly and at the local level of the People's Government of the People's Republic of China, the Regulations of the State and the Regulations and Rules, as well as the laws, regulations, regulations, regulations, regulations, regulations, regulations and regulations, such as the administrative normative documentation and preparation of the Sichuan Province. Article 2 (Definition) The administrative normative document referred to in this provision (hereinafter referred to as normative documents) means, in addition to the Government's regulations, a universal and binding administrative document, in accordance with the statutory procedures, in accordance with the obligations of the executive organs or organizations that have the authority to establish, make public the issue or affect the rights of citizens, legal persons or other organizations. Article 3 This provision applies to the development, preparation, supervision and management of normative documents in the city. This provision is not applicable to the internal system of work of the executive organs or organizations of the city, the management system, the decision on the exemption of personnel and the administrative handling of specific matters. Article IV The following principles should be followed: (i) Maintenance of national rule of law; (ii) In conformity with the requirements of the law; (iii) Reflecting the administrative conduct of scientific norms; (iv) In accordance with the legislative authority and procedures; (v) Guarantee the legitimate rights and interests of citizens, legal persons and other organizations; (vi) Sustainability, integrity and integrity. Article 5 The following administrative organs or organizations in the city may formulate normative documents: (i) Municipal, district (communication) and town-community governments (with high-community committees); (ii) The composition of the Government of the city, the office of the institution, the immediate agency (hereinafter referred to as the work sector); (iii) The People's Government's work sector (which includes street offices) is required to develop normative documents based on work, which should be reported to the Government of the people at this level on the basis of the names, basis, main content and the need for the development of the normative document; and, with the consent of the people at this level, normative documents can be developed; (iv) The municipal level is governed by laws, regulations and regulations. Interim institutions, proceedings and coordination bodies established by municipalities, districts (communes) and the communes' governments, the institutions of the executive branch shall not develop normative documents. Article 6 (Development of procedures) The development of normative documents should be carried out in accordance with established planning, research drafting, consultation, coordination of differences, hearings, legal review, discussion decisions, signing of the publication process. As a result of sudden public events, security of public safety and major public interest, urgent orders and decisions for implementing superior administrative bodies, there is a need for the immediate development of normative documents, which can be simplified with the approval of the executive heads of the design bodies. Article 7 In addition to the statutory basis or otherwise provided by the State, normative documents shall not create the following: (i) Administrative licence matters; (ii) Administrative penalties; (iii) Administrative coercive measures; (iv) Administrative expenses; (v) Other matters to be regulated by law, regulations, regulations or superior administrative bodies. Article 8 The drafting of normative documents should be clear, specific and operational; studies should be conducted on the need and feasibility for the development of normative documents and on issues to be addressed in normative documents, key systems to be established or key measures to be set. Article 9 The drafting of normative documents should hear the views of the relevant organs, organizations and managers of the relative or expert. The draft normative paper, which is important or relevant to the people's public interest, is to be consulted widely, including through colloquiums, memorials, hearings or the publication of draft normative documents to society. Article 10 Civil, legal or other organizations have expressed their views and proposals on the content of the draft normative document, which should be addressed by the drafting sector and provided in the drafting note. The relevant organs, organizations should coordinate the drafting sector with respect to the content of the draft normative document, coordinate unanimity, and invite the top-level executive organ to coordinate or adjudicate. Coordination and treatment of important disagreements should be explained in the drafting note. Article 11 The draft normative document, which was reviewed by the Government, should be signed by the main heads of the drafting sector; joint drafting by two or more sectors should be signed by the main heads of the joint drafting sector. The following materials should be made available to the people of the city or area (market) to issue normative documents: (i) Request for review; (ii) Draft normative document; (iii) Drafting notes (including the purpose of establishing normative documents, the basis, the main content and the treatment of important differences); (iv) Legal, regulatory, and national approaches, policies based on the drafting of normative documents; (v) Relevant material for consultation; (vi) Other relevant information. Other administrative bodies or organizations have developed normative documents that require the delivery of the materials reviewed, taking into account the above-mentioned provisions. Article 12 (Review of legality) The rule of law sector (institutional) of the normative documentation body is responsible for legal review of the draft normative document. The legal review observations should include the following: (i) Whether there is a need and feasibility for development; (ii) Whether it goes beyond the statutory competence of the body in place; (iii) Are incompatible with the legal, regulatory, regulatory and national approaches, policies; (iv) Have coordination and interface with other normative documents; (v) specify whether appropriate; (vi) Does not violate the statutory procedures; (vii) Whether the views of the relevant organs, organizations and managers are sought; (viii) Whether there is coordination and treatment of important differences; (ix) Other elements requiring review. Article 13 (Review of treatment) The rule of law (institutional) of the normative document development body should review, modify and coordinate the differences between the draft normative documents requested for review; coordination of major differences should be reported to the development body. The draft normative document is one of the following cases, where the organ or its rule of law sector (institutional) may return it to the drafting sector (institutional) or request the drafting sector (institutional) to revise and resubmit to the review: (i) Incompatible with the provisions of Articles 11, 12; (ii) The basic conditions established are not ripe; (iii) Individuals, legal persons or other organizations make their views and reasons for the draft normative document, which is not adopted by the drafting sector (institutional) and is not justified; (iv) The relevant organs, organizations have substantial differences and reasons for the draft normative document, which is not adopted by the drafting sector (institutional) and is not justified. Article 14. The Governments of municipalities and districts (markets) have developed normative documents that should be considered by the Government's Standing Conference. The development of normative documents by other executive organs or organizations should be considered by the office. In accordance with article 6, paragraph 2, the development of normative documents could be decided by the executive heads of the design bodies. Article 15 (publication) Normative documents should be made available to society by the designating body. Nor does normative documents be made available to society, which cannot be used as a basis for specific administrative acts. Article 16 Normative documents should be implemented after 30 days of the date of publication. In cases such as sudden public events, guarantees of public safety and major public interest, urgent orders and decisions for implementing superior administrative bodies, the publication of the publication would not immediately prevent the implementation of the normative document. Article 17 (interpretation) Normative documents are interpreted by the designating body. Article 18 The authorities of the municipalities and territories (markets) are specifically responsible for the review of normative documents. Article 19 The institution should submit a request to the review body within 30 days of the publication of the normative document. Article 20 Submitted by: (i) The normative documents developed by the Government of the city, which are sent back to the Government's rule of law sector; (ii) The Government of the People's Republic of the city, the Ministry of the Work of the People's Government, the normative documents developed by the municipal law, regulations, regulations and regulations, which authorize organizations to submit a request to the Government's rule of law sector; (iii) The Government of the communes, the normative documents developed by the People's Government in the District (Central) and sent backs to the Rule of Law Department of the People's Government of the District (market); (iv) Normative documents developed by the local and regional (market) people's work sectors should be accompanied by referrals to the top-level authorities; (v) The normative documents developed jointly by two or more sectors are sent by the host sector, and the other sectors are sent to the competent authorities. Article 21 The following materials should be submitted when the normative document is sent: (i) Resolves report (signed by the principal heads of the design body); (ii) Five formal versions of normative documents (conclusive electronic texts); (iii) Drafting notes and accompanying relevant legal, regulatory, and policy bases. Article 2 (Required registration) The normative documentation of the submission is in accordance with article 2, article 20, article 21, which is registered by the relevant review body and is regularly communicated; it is not in accordance with the provisions and does not register the file. Article 23 (Reviews) The review body shall review the following matters concerning the normative documents of the submission: (i) Whether the establishment of the organ has the corresponding legislative authority; (ii) Are incompatible with the legal, regulatory, regulatory and national approaches, policies; (iii) Does not violate the statutory procedures; (iv) specify whether appropriate. Article 24 The normative documents contain the following issues, which are addressed by the competent review body under the following provisions: (i) In violation of article 4, paragraph 7, of the present article, a review of the normative document was sent by the competent review body. The author of the opinion shall be amended or repealed by the author within 15 days. Inadvertently, the review body was withdrawn by the agreement of the current people's Government. (ii) The normative documents developed by the lower-level people's Government are inconsistent with the normative documents developed by the Government's work sector at the previous level, which are coordinated by the desk review body; and, in coordination, cannot be agreed, the decisions of the review body to deal with the report of the people's government. (iii) Contrary to normative documentation developed by the Government's work sector at the same level, coordinated by the desk review body; coordination cannot be agreed upon by the review body to present a decision by the Government of the people whose views are presented. Article 25 In cases where normative documents are not developed or sent under this provision, the period of time being converted and communicated by the relevant organs; in the light of the circumstances and the consequences thereof, the responsibility of the competent and other responsible personnel is vested in the relevant organs, in accordance with the provisional provisions on administrative erroneous conduct of civil servants in urban countries. Article 26 The establishment of organs should conduct regular clearance of published normative documents, modifying or nullifying normative documents that are not adapted to the needs of adaptation, in accordance with laws, regulations, regulations and national policy adjustments and changes in reality. Article 27 This provision is explained by the Office of the Rule of Law of the Metropolitan Government. Article 28 (Actual date of application) This provision was implemented effective 1 September 2005. The provisions of the Quadrical Documents Act (No. 18 of the Order of the Municipal Government) were also repealed as of 2 September 1991. Annex Annex: x x x x x x Amphlets x x x x x sert [200 x] x x x x x x x x x x x Status report The Ministry of the Rule of Law of the People's Government (zonal, district): It is now in my area (market, district, board, office, etc.) for 200 x slots, and has been issued the x x x x x x x x x x x x, release. Annex: Formal text x (in electronic text), drafting notes and relevant laws, regulations and policies It was reported. People's Government 300 x x |
